International Student Handbook - The Southport School

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24 The Southport School International Handbook Complaints and Appeals The purpose of The Southport School’s Complaints and Appeals Policy is to provide a student/parent(s)/legal guardian with the opportunity to access procedures to facilitate the resolution of a dispute or complaint. This policy will be given to students before a contract is entered into or before an amount of money has been paid whichever happens first. TSS will provide this policy again within seven (7) days of a student attending a course or during orientation whichever comes first. The internal procedures are a conciliatory and non legal process. • In the first instance, The Southport School requests there is an attempt to informally resolve the issue. Students/parents/guardians are encouraged to firstly talk to a member of staff as soon as a problem arises. • If this is unsatisfactory or does not result in a resolution of the matter, The Southport School’s internal formal complaints handling policy and procedure will be followed. • The process of this grievance procedure is confidential and any complaints are a matter between the parties concerned and those directly involved in the complaints handling process. • If the student or parent(s)/legal guardian remains dissatisfied with the outcome, The Southport School will advise of access to an independent external appeals process. • Grievances brought by a student against another student will be dealt with under the School’s Behaviour Policy/Code of Conduct. • For conditions which apply to handling of a complaint or appeal arising from the School’s suspension or cancellation of a student’s studies, refer to The Southport School’s Deferment, Suspension and Cancellation Policy. Making a Complaint - Students/Parents/Guardians a) In the first instance, The Southport School requests there is an attempt to informally resolve the issue. Students/parents/guardian are encouraged to firstly talk to a member of staff as soon as a problem arises. b) The complainant should contact the Housemaster in the first instance to attempt mediation/informal resolution of the complaint. c) If the matter cannot be resolved through mediation, the matter will be referred to the Dean of Students or the Deputy Headmaster. d) At this point, the students/parents/guardian should notify the School in writing of the nature and details of the complaint. e) Each students/parents/guardian has the opportunity to present his case to the Dean of Students or the Deputy Headmaster. Students and TSS staff may be accompanied by a support person at any stage of the process. f) The formal complaints process will commence within 10 working days of the lodgement of the complaint with the Dean of Students or the Deputy Headmaster. g) Once the Dean of Students or the Deputy Headmaster has come to a decision regarding the complaint, the student will be informed in writing of the outcome and the reasons for the outcome. h) TSS is committed to process complaints in a timely manner. TSS undertakes to finalise all internal grievance procedures within 20 working days wherever possible, or, as soon as practicable giving consideration the length of a student’s visa and the student’s enrolment in future subjects and/or courses. i) If the complaints procedure finds in favour of the student/parent/guardian, The Southport School will immediately implement the decision and any corrective and preventative action required. j) If the complaints procedure does not find in favour of the student/parent/guardian or the complainant is dissatisfied with the result of the complaints procedure, they will be informed of the external complaints and appeals process available to them at minimal or no cost. k) For the duration of the appeals process, the student is required to maintain enrolment and attendance at all classes as normal. The Headmaster will determine if participation in studies will be in class or under a supervised arrangement outside of classes. l) Nothing in the School’s Dispute Resolution Policy negates your right to take action under Australia’s consumer protection laws in the case of financial disputes.
The Southport School International Handbook 25 m) Nothing in the School’s Dispute Resolution Policy negates your right to pursue other legal remedies. Unsatisfactory attendance or progress If the complaint/appeal is against TSS’s decision to report the student for unsatisfactory course progress or unsatisfactory attendance the complainant should firstly refer to these specific policies. TSS must maintain the student’s enrolment (i.e. not report the student for unsatisfactory progress or attendance) until the external complaints process is complete and has supported the provider’s decision to report. The provider must wait for the outcome of the external process in this case as reporting a student for unsatisfactory progress or attendance has serious consequences for the student’s visa – it may result in automatic cancellation. Student Misbehaviour Student Advice If the appeal is against the provider’s decision to defer or suspend a student’s enrolment due to misbehaviour or to cancel the student’s enrolment, the complaint should firstly refer to the TSS Behaviour /Code of Conduct Policy. TSS does not wish to disadvantage students in any way throughout the process. However the safety and consideration of other students and staff must be considered. TSS students will not be reported in PRISMS until the complaints and appeals process is finalised, unless extenuating circumstances relating to the welfare of the student apply. Extenuating circumstances include: • the student refuses to maintain approved welfare and accommodation arrangements (for students under 18 years of age). • the student is missing. • the student has medical concerns or severe depression or psychological issues which lead the school to fear for the student’s wellbeing. • the student has engaged or threatened to engage in behaviour that is reasonably believed to endanger the student or others. • is at risk of committing a criminal offence. • the student is the subject of investigation relating to criminal matters. The use of extenuating circumstances by The Southport School to suspend or cancel a student’s enrolment prior to the completion of any complaints and appeals process will be supported by appropriate evidence. The final decision for evaluating extenuating circumstances lies with The Southport School. In this instance TSS only needs to await the outcome of the internal appeals process (supporting the provider) before notifying DIISRTE through PRISMS of the change to the student’s enrolment. Deferment, suspension and cancellation of enrolment can have an effect on a student’s visa as a result of changes to enrolment status. Students will be informed to contact the Department of Immigration and Citizenship (DIAC) for advice. Once DIAC been notified of a deferment, suspension or cancellation of a student’s enrolment, the student has 28 days in which to: • leave Australia • show the Department of Immigration and Citizenship (DIAC) a new Confirmation of Enrolment (CoE) or • provide DIAC with evidence that he or she has accessed an external appeals process. External Complaints and Appeals If the complainant is not satisfied with the outcome or conduct of the internal complaint handling and appeals process, they can contact the international students’ ombudsman as below.
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International Student Handbook - The Southport School

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